Workers Comp Law

Workers’ Compensation Laws in Massachusetts

Discuss Your Rights & Options with Our Quincy Workers’ Comp Lawyers

Can You Receive Workers’ Compensation For Stress?

Workers’ compensation, also referred to as "workman's comp," is a form of insurance that provides lost wages and medical benefits to employees who have sustained an injury while performing work-related duties.

Nearly every Massachusetts public and private employer is required by law to have workers’ compensation insurance; it doesn’t matter whether the business is for-profit or a charitable organization.

Most employers buy workers’ compensation insurance from insurance companies, and the insurance company pays out the benefits to eligible workers.

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Read on to learn more about workers’ compensation laws in Massachusetts, or browse our workers’ compensation FAQs. You can also contact our Quincy workers’ compensation lawyers for a free consultation regarding your case.

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Who Is Covered by Workers’ Compensation Insurance?

Any bodily injury, illness, or worsening of pre-existing conditions caused by accidents at work are covered by workers’ compensation insurance in the state of Massachusetts. Both documented and undocumented workers are eligible, as well as volunteers and people who work for no pay.

Nearly all employees must be covered by workers' compensation coverage regardless of the number of hours worked or the number of employees a company has. The only exception to this rule is that domestic employees must work 16 hours per week to be covered. Visit for more information about workers' compensation insurance requirements and eligible employees.

Injuries must extend past five calendar days in order to qualify for workers’ compensation, but the days do not have to be consecutive. Additionally, workers’ compensation is a no-fault system, meaning you do not need to prove that anyone was negligent. Even if you were at fault, you still get workers’ compensation benefits.

Should I Hire an Attorney for My Workers Compensation Claim?

Our team of qualified attorneys can help you with your claim in many ways. Not only are we well versed in this area of the law, but we are true advocates on your side, fighting for your best interest.

Call our firm today to find out how we can help you especially if:

  • You have a preexisting condition
  • Your claim has been denied
  • Your permanent disability rating is in question
  • You have an workers’ compensation hearing

Massachusetts Workers’ Compensation Benefits

If you are injured on the job, your workers’ compensation benefits will include a percentage of your lost wages, which varies based on the injury and is capped at a maximum amount set by the state every year.

Depending on the severity of your injury, you may be eligible for:

  • Permanent and total disability: If you become totally and permanently disabled and cannot return to work, you may receive 2/3 of your average weekly wages that you earned before the accident (Massachusetts Law Chapter 152, Section 34).
  • Temporary total disability: If you are unable to work for more than five days due to your workplace injury, you may be eligible to receive 60% of your weekly wages for up to three years.
  • Partial disability: If you become partially disabled as a result of your injury, meaning that you can return to work but cannot perform at your previous earning capacity, you may receive 60% of your average weekly wages before the injury for up to five years (Massachusetts Law Chapter 152, Section 35).

Other available workers’ compensation benefits cover:

  • Medical expenses
  • Loss of function
  • Scarring
  • Death/Survival benefits
  • Out-of-pocket expenses (crutches, wheelchairs, etc.)
  • Property damage
  • Vocational rehabilitation
  • Physical therapy

Massachusetts Law Chapter 152, Section 28 states that workers’ compensation benefits will be doubled if the injury is caused by the employers’ “serious and willful misconduct.” This means that if an employer maintains a workplace that is dangerous and violates health and safety codes, you may be eligible for double workers’ compensation benefits.

Massachusetts Law Chapter 152, Section 31 states that a surviving spouse may receive death benefits from the deceased’s employer as long as she remains:

  • Living
  • Unmarried
  • And not fully self-supporting

Who Is Exempt from Workers' Comp in Massachusetts?

Members of an LLC, partners of an LLP, and sole proprietors of unincorporated businesses are not required by law to carry workers' compensation coverage for themselves, though they may still choose to add this coverage into their policies. Corporate officers who own at least 25% interest in the corporation may also file for an exemption from workers' compensation coverage.

What Happens if An Employer Doesn't Have Workers' Comp Coverage?

If an employer does not have adequate workers' compensation coverage, the Department of Industrial Accidents (DIA) Office of Investigations may issue a stop work order (SWO) requiring them to cease all business activities until proof of coverage is provided.

Minimum fines for a SWO are $100 per day, including weekends and holidays, beginning on the date the SWO was issued. These fines accrue daily until coverage starts and the fine is paid. Employers issued SWOs may also be subject to criminal prosecution and debarment from public contracts for a period of three years.

Contact us online or call (617) 379-0016 for a free and confidential consultation with one of our experienced work injury lawyers.

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Proven Record of Success

  • $492,500 Construction Site Accident

    A construction worker was hurt in a ladder accident that caused him to fall and suffer multiple injuries.

  • $335,000 Workers’ Compensation Settlement

    An employee suffered a back injury during a twisting accident at work.

  • $330,000 Workplace Slip & Fall Accident

    An employee slipped and fell on ice in the parking lot of an office building, suffering a hip injury.

  • $325,000 Workers’ Compensation Settlement

    This settlement paid our client MORE than his remaining temporary total and partial disability weekly benefits.

  • $295,000 Workers’ Compensation Settlement

    An employee suffered a torn rotator cuff in his shoulder while lifting a heavy object at work.


Why Choose Our Firm?

  • Over 35 Years of Experience

    We use our combined experience to aggressively represent you and to fight for your rights and the benefits you deserve.

  • Insight to Insurance Company Tactics

    One of our partners, Gerry, previously spent over a decade working for an insurance company, so we deeply understand how they work and what it takes to get you paid.

  • Small, Local Firm

    We have deep roots within our community and strive to deliver exceptional service for our clients through their time of need.

  • Always Prepared for Trial

    We advocate for our clients to ensure they get the compensation they deserve no matter how little or big the fight may be.

  • Direct Contact to an Attorney

    When you hire us, you will be working directly with an attorney throughout the entire process.

Focus on Your Health & let Us Handle The Rest

All communication with the insurance company, adjusters, and other attorneys will go through us so you can focus on your recovery.